For purposes of subrules 63.9(1) and 63.9(3) and as applied
to nontemporary employees whose regularly scheduled work shift is 16 hours or
less, "30 days" means 30 work days. For nontemporary employees whose regularly
scheduled work shift is more than 16 hours, "30 days" in subrules 63.9(1) and
63.9(3) shall be defined in accordance with the provisions of Iowa Code section
29A.28.
(1) A nontemporary employee
who is a member of the uniformed services, when ordered by proper authority to
serve in the uniformed services, shall be granted leave without loss of pay for
30 days each calendar year. Absences required for military service shall be in
accordance with the rules on vacation, compensatory leave, or leave without
pay, 38 U.S.C. Sections
4301-
4333, and 20 CFR Part
1002. Military leave may be
utilized for up to 30 days in each calendar year. Any amount of military leave
taken during any part of an employee's scheduled workday, regardless of the
number of hours actually taken, shall count as one day toward the 30 paid day
maximum. If the employee's work shift crosses two calendar days, only one day
shall count toward the 30 paid day maximum. Work schedule changes shall not be
made for the purpose of avoiding payment for military leave.
(2) A nontemporary employee who is ordered by
proper authority to military duty as defined in Iowa Code section
29A.28
may elect to be placed on leave without pay or be separated and removed from
the payroll.
(3) Nontemporary
employees who elect to separate from employment when ordered by proper
authority to military duty shall be given 30 days of regular pay in a lump sum
with their last paycheck. Any previous paid leave days granted for military
service in the current calendar year shall be deducted from this 30 days.
Employees who elect to be placed on leave without pay when
ordered by proper authority to military duty shall continue to receive regular
pay and benefits for 30 days. Any previous paid leave days granted for military
service in the current calendar year shall be deducted from this 30
days.
(4) At the conclusion
of military service, the employee must notify the employee's appointing
authority of the intent to exercise return rights pursuant to 38 U.S.C.
Sections
4301-
4344.
(5) An employee
taking military leave may use any vacation or compensatory leave that was
accrued prior to service. Employees who elect to use vacation or compensatory
leave shall continue to receive benefits in accordance with the state of Iowa's
benefits program policies and procedures. Upon return to employment, the
employee's accrual rate for vacation shall be at the same rate as if the
employee had not taken military leave.
(6) An employee may maintain health and
dental insurance coverage while on military leave for up to 24 months. The
employee is responsible for paying the employee's share of the health and
dental insurance premiums if the period of military service is less than 31
days. If more than 30 days, the employee shall be required to pay 102 percent
of the full premium under the plan to maintain coverage. Upon return to
employment, the employee may elect to have health and dental insurance coverage
become effective either on the first day of the month the employee returns to
employment or the first day of the month following the month in which the
employee returned to employment. Coverage under the plans will not have an
exclusion or waiting period upon return to employment. An exclusion or waiting
period may be imposed, however, in connection with any illness or injury
determined by the Secretary of the U.S. Department of Veterans Affairs to have
been incurred in, or aggravated during, performance of service in the uniformed
services.
(7) A person reemployed
under this rule shall be treated as not having incurred a break in service with
the employer by reason of such person's period of service in the uniformed
services.
Notes
Iowa Admin. Code r.
11-63.9
ARC 8265B, lAB 11/4/09,
effective 12/9/09
Amended by
IAB
June 7, 2017/Volume XXXIX, Number 25, effective
5/17/2017
Amended by
IAB
August 2, 2017/Volume XL, Number 3, effective
9/6/2017
